If we are required to work 8.5 hour days to include lunch breaks but they are never taken, should this be an 8 hour shift?

Question Details: Exempt employees must work 8.5 hour shifts to include lunch breaks. Lunch breaks are never taken and are always worked through. Employees grab lunch and answer calls and complete computer work while eating daily. Should the shifts required be 8 hours and not 8.5 hours?

There is actually no federal or state (Utah) law requiring lunch breaks for employees age 18 and over. An employer is free to not have any lunch breaks. If they choose to offer them, they may put whatever rules or restrictions on them that they want--including that an exempt employee must work 8.5 hours to have a break.

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